Attorneys Urge Lawmakers to Reject Mandatory Arbitration Bill, Advance Survivor-Focused Alternative

Schroeter Goldmark & Bender attorneys propose a Historical Abuse Pre-Filing Claims Commission to provide a fair, efficient, and trauma-informed process for survivors

Published on Feb. 13, 2026

Attorneys Becky Roe and Elizabeth Hanley of the law firm Schroeter Goldmark & Bender are urging Washington state lawmakers to reject SB 6239, which would require mandatory arbitration for a broad range of tort claims against the state. Instead, they have proposed legislation to establish a Historical Abuse Pre-Filing Claims Commission, which would create a structured evaluation process conducted by trained neutral decision-makers, promote early accountability and fair settlement, and preserve survivors' right to pursue their claims in court if resolution is not reached.

Why it matters

The proposed commission is designed to directly address the needs of survivors of historical abuse, minimizing re-traumatization while preserving meaningful access to justice. This is seen as a more survivor-centered approach compared to the mandatory arbitration proposed in SB 6239, which could create duplicative proceedings, increase costs and delays, and ultimately risk retraumatizing survivors.

The details

Hanley and Roe have proposed legislation to establish a Historical Abuse Pre-Filing Claims Commission, which would provide a fair, efficient, and trauma-informed process for survivors of historical abuse to seek resolution with the state. The commission would be structured as a five-year pilot program, with annual reporting to the legislature to assess outcomes, timelines, costs, and effectiveness.

  • On February 13, 2026, Hanley testified in Olympia in opposition to SB 6239.
  • The proposed Historical Abuse Pre-Filing Claims Commission is intended to be a five-year pilot program.

The players

Becky Roe

An attorney at Schroeter Goldmark & Bender, a nationally recognized law firm based in Seattle.

Elizabeth Hanley

An attorney at Schroeter Goldmark & Bender, who testified in Olympia last week in opposition to SB 6239.

Schroeter Goldmark & Bender

A nationally recognized law firm based in Seattle that specializes in representing injured persons in various types of cases, including sexual assault and harassment.

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What they’re saying

“Survivors deserve a process built around the realities of historical abuse cases – one that minimizes re-traumatization while preserving meaningful access to justice.”

— Elizabeth Hanley, Attorney, Schroeter Goldmark & Bender

“Our proposal directly addresses survivor needs, promotes efficiency and offers a new solution to an otherwise outdated system.”

— Elizabeth Hanley, Attorney, Schroeter Goldmark & Bender

What’s next

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The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.